Reading The Legal Tea Leaves

This website is absolutely the pits for trying to convey nuance and that’s never clearer than in the discussion about vaccine efficacy. https://t.co/EJgBMjxiTJ

— Maggie Haberman (@maggieNYT) July 31, 2021

The sentiment that Twitter can’t convey nuance is quite true, and as applicable to the law as to medicine.

Don't count on Congress seeing Trump's tax returns soon. Treasury (IRS) now makes clear it'll hold off on turning them over so Trump has a chance to litigate the issue.https://t.co/1X781J6CJe pic.twitter.com/GsO9czupMp

— Jan Wolfe (@JanNWolfe) July 31, 2021

The problem with that statement is that Treasury is not “holding off,” it is party to a lawsuit over releasing the tax returns. The OLC opinion is advisory only (just like the one that says they can’t prosecute a sitting POTUS). It is not determinative, especially when there is a court involved.

Treasury is playing to the court here, fully aware the court is not going to grant a peremptory release of the tax returns. This is, in other words, how lawsuits are done. Treasury is not “holding off,” Treasury is acting like a party to pending lawsuit. The problem is people who thought the OLC memo was the last word on this. It’s just another brick in the wall.

Treasury (IRS) will give Trump 72 hours notice before releasing his tax returns.

And, more importantly, the parties will file a joint status report by Aug 4 that proposes deadlines for an expected bid by Trump to halt the turning over of his tax returns. pic.twitter.com/kH1BfOAv50

— Jan Wolfe (@JanNWolfe) July 31, 2021

This is the result of Treasury “holding off.” Matters are moving forward as they should be. The court deadline of August 4, after all, is only Wednesday.